Ask A Lawyer: Can I Get Custody When Ex Is In Contempt?


Seven years ago I got joint custody of my son with his mother getting primary caregiver. It states in our papers that I must agree upon a school before she moves him. In the past 5 years she has moved him to 4 different schools and this year he may fail. She told him that the school was just too hard.

She never consulted with me about moving him to different schools before. If she tries to move him to another school once again, is there anything that I can do to try and get custody of him so that he can stay at one school?



File a Motion for Contempt and Motion to Modify the physical and legal custody.  The change in physical custody would apply if the change as affected your child’s education.

The Motion for Contempt is an enforcement action to have the court force her to live up to the terms of the judgment.


Spencer E. Williams is the Team Leader over St Louis, St Charles, Indianapolis and Arnold (Jefferson County, MO) offices of Cordell & Cordell, P.C. where he practices exclusively in the area of domestic relations. Mr. Williams has tried numerous cases dealing with complex custody issues, maintenance, business assets and personal asset division. 

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